Regulatory update: Pennsylvania Wiretap Act

Pennsylvania’s Governor signed into law House Bill 1278, containing some notable TCPA regulation changes for call recording practices, while aligning with broader consumer protection laws.  Here is what you need to know.

Overview of the new rule

This bill went into effect on February 12, 2024, and allows a recipient of a telemarketing or robocall to wiretap/record with conversations with telemarketers, enabling the recipient the ability to provide evidence of telemarketing-related schemes to law enforcement.

The law also states that recipients of a telemarketing or robocall do not have to disclose that they are recording the call. Recipients are permitted to record phone calls without the telemarketer’s knowledge. However, the disclosure requirement remains in place for agents calling into Pennsylvania.

What this means for your business

If your organization is calling into Pennsylvania, you must still disclose that you are recording the phone call. The callers, however, do not have to disclose they are recording your conversation.

Here is what you can also expect:

• Enhanced scrutiny and compliance demands: Businesses will face heightened scrutiny and legal obligations, necessitating a shift towards perfecting call interactions and introduces compliance with legal disclosures and legal obligations and peripheral telemarketing rules such as adherence to written Do Not Call policy requests
•  Compliance education and technology investment: This new bill introduces complex compliance requirements, necessitating audits, comprehensive agent training and technology investments
• Potential unintended consequences: This new legislation arms serial litigators and professional plaintiffs with more ammunition to entrap well intentioned callers into questionable telemarketing activity and can lead to a decreased desire to reach new prospects and clients in PA

How Gryphon can help

1. Enable call compliance perfection

Leverage AI-enabled tools like Gryphon’s Conversation Intelligence, Sentiment Analysis and script adherence to ensure compliance and enhance call quality in real-time. Utilize Gryphon’s whisper feature and REST Web Service-based applications to ensure agents are reminded to disclose call recording in all-party consent states and/or a specific area code.

2. Cultivate excellence 

Invest in agent onboarding and continued education programs designed to reinforce best practices. 

3. Empower purpose and efficiency 

Adopt a platform-based approach vs. point solutions and contemplate Build vs. Buy to close any knowledge and contact compliance technology gaps. Gryphon’s ONE platform, with its carrier-grade infrastructure, provides scalable, reliable, and accurate compliance solutions tailored to evolving regulatory landscapes. 

4. Embrace compliance complexity head on 

Gryphon’s platform offers real-time compliance support and comprehensive event logging, providing clients with the assurance of compliance and protection against legal risks. 

Gryphon ONE Platform

1. Revenue Optimization: The ability to expand the marketing contact universe, by tapping into compliance areas currently over-suppressed and/or underutilized
2. Regulatory Enforcement: Gryphon enforces regulatory compliance across internal and third-party entities for DNC/TCPA, data management, and other rules
3. Comprehensive Logging: Gryphon ONE platform logs every event, providing transparency through dashboards, push reports, and other data exchange methods
4. Complexity Management: As regulations evolve, Gryphon simplifies the complex landscape of jurisdiction-specific rules, ensuring adherence to protect brand reputation
5. Thought Leadership in Compliance: Gryphon provides nearly 25 years of expertise in contact compliance, ensuring guidance across companies of all sizes

In a landscape where compliance is non-negotiable, Gryphon’s ONE platform stands as a robust solution to navigate the complexities of compliance, offering unparalleled support for businesses aiming to protect their brand reputation and shareholders. 

If you are looking for a compliance solution to help with the ever-changing regulatory landscape, contact us today.

*This is a marketing blog and not intended nor should be interpreted as legal advice.